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HINES v. U.S.

No. 91-7014.

971 F.2d 506 (1992)

Carl Eugene HINES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 20, 1992.

Attorney(s) appearing for the Case

Carl E. Hines, pro se (Michael G. Katz, Federal Public Defender, and Vicki Mandell-King, Asst. Federal Public Defender, Denver, Colo., on Supplemental Brief, for plaintiff-appellant).

John Raley, U.S. Atty., and Paul G. Hess, Asst. U.S. Atty., Muskogee, Okl., for defendant-appellee.

Before EBEL, Circuit Judge, BARRETT, Senior Circuit Judge, and PARKER, District Judge.

EBEL, Circuit Judge.

This is an appeal from denial of a 28 U.S.C. § 2255 motion for collateral relief from a federal sentence. We hold that a court can address sua sponte a § 2255 movant's failure to raise the issue on direct appeal. Accordingly, we affirm.

FACTS

The Appellant, Carl Eugene Hines, seeks relief from a federal sentence pursuant to § 2255. Hines was convicted and sentenced in federal court for offenses related to amphetamine...

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